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HomeMy Public PortalAboutSubdivision and Development Servicing Bylaw 1300TOWN OF OLIVER BYLAW 1300 A Bylaw to Regulate Servicing of Subdivisions and Developments in the Town of Oliver A. WHEREAS the Town may, under section 938 of the Local Government Act, regulate and require the provision of works and services in respect of the subdivision of land, and require as a condition of the approval of a building permit or a subdivision that the owner of the land provide works and services on the land being developed or subdivided and on the adjacent highway, all in accordance with the works and services standards established in the bylaw; B. WHEREAS the Town may, under section 939 of the Local Government Act, require that the owner of land that is to be subdivided or developed provide excess or extended services as defined in that section; and C. WHEREAS the Council of the Town may, under s. 154 of the Community Charter, delegate its powers, duties and functions to an officer or employee of the Town; NOW, THEREFORE, the Council of the Town of Oliver, in open meeting assembled, enacts as follows: 1. Citation – This bylaw may be cited as “Subdivision and Development Servicing Bylaw 1300”. 2. Repeal – Oliver Subdivision and Development Servicing Bylaw No. 583, 1990 is hereby repealed. 3. Definitions – In this Bylaw: “Administration Fee” means a surcharge of 15%, or such lesser amount as determined by the Director, to recover costs and expenses of staff salaries, supervision and other overhead expenses related to design and construction of works and services by the Town. “Approving Officer” means a person appointed as approving officer under section 77 of the Land Title Act. “Building Inspector” means a person designated by Council as a building inspector for the Town. “Developer” means the owner or agent of the owner of land in respect of which a subdivision or development application has been submitted to the Town. “Director” means the Director of Operations appointed by Council to direct the operation of the public works department and includes employees, contractors or agents working under Development Servicing Bylaw 1300 Page 2 the supervision or direction of the Director for the purpose of administering or enforcing this bylaw. “Inspection Fee” means a charge of 3%, or such lesser amount as determined by the Director, to recover costs incurred by the Town to pay its employees or its consultants to perform inspections on works and services installed by a Developer. “Security” means cash or a clean, unconditional, irrevocable and automatically renewing letter of credit drawn on a chartered bank or credit union having a branch in the Regional District of Okanagan Similkameen or in the Central Okanagan Regional District at which demand may be made on the letter of credit. “Servicing Agreement” means an agreement between the Town and a Developer that sets out the servicing requirements, construction deadlines, fees and Security that must be provided by the Devloper. “Town” means the Town of Oliver. 4. Works and Services for Subdivisions – Except as provided below, no person shall subdivide land in the Town unless the works and services set out in section 6 have been provided by the Developer to the satisfaction of the Director, or the Developer has entered into a Servicing Agreement with the Town, as set out in section 12, to construct and install the required works and services. Despite section 6, the following exemptions apply: (1) Curbs, sidewalks, boulevard trees and irrigation are not required for subdivisions taking place within the area indicated as Service Level 2 in Schedule A; (2) Electrical and telecommunication utilities may be installed on overhead utility poles and need not be buried for subdivisions taking place within the area indicated as Service Level 2 in Schedule A; (3) Electrical and telecommunication services may be provided from overhead utility lines in the case of any subdivision resulting in the creation of not more than three additional parcels in an area zoned only for single-family residential use, where the Electrical and telecommunication utilities abutting the parcel being subdivided and all immediately adjacent parcels are above ground, provided that no additional utility poles are required to service the subdivision; (4) Curbs and sidewalks are not required for subdivisions resulting in the creation of not more than three additional parcels in an area zoned only for single-family residential use, where there is no curb and sidewalk in place within 100 metres of the subdivision on the street side fronting the subdivision and where the fronting street side is not designated as a future pedestrian corridor in Schedule B, Map B 2 of this bylaw; and (5) Specific works and services are not required in cases where the Director determines that the need for the works or services is not directly attributable to the subdivision, or to buildings likely to be constructed in the subdivision. Development Servicing Bylaw 1300 Page 3 5. Works and Services for Building Permits – Except as provided below, no person shall construct a building or structure in the Town for which a building permit is required unless the works and services set out in section 6 have been provided by the Developer to the satisfaction of the Director, or the Developer has entered into a Servicing Agreement with the Town, as set out in section 12, to construct and install the required works and services. Despite section 6, the following exemptions apply: (1) Curbs, sidewalks, boulevard trees and irrigation are not required for building permits within the area indicated as Service Level 2 in Schedule A; (2) Electrical and telecommunication utilities may be installed on overhead utility poles and need not be buried for building permits within the area indicated as Service Level 2 in Schedule A; (3) Electrical and telecommunication services may be provided from overhead utility lines where the electrical and telecommunication utilities abutting the parcel subject to a building permit and all immediately adjacent parcels are above ground, provided that no additional utility poles are required to service the building permit; (4) Curbs and sidewalks are not required for subdivisions resulting in the creation of not more than three additional parcels in an area zoned only for single-family residential use, where there is no curb and sidewalk in place within 100 metres of the subdivision on the street side fronting the subdivision and where the fronting street side is not designated as a future pedestrian corridor in Schedule B, Map B 2 of this bylaw; and (5) Specific works and services are not required in cases where the Director determines that the need for the works or services is not directly attributable to the subdivision, or to buildings likely to be constructed in the subdivision. 6. Works and Services Required – Except where specifically altered or exempted in this bylaw or by variance permit, the works and services required for subdivisions and building permits are the following: (1) highways and lanes, boulevards including street trees, other landscaping and irrigation systems, boulevard crossings, culverts, transit facilities, sidewalks, walkways, concrete pads for community mail boxes, highway and walkway bridges, curbs and gutters, traffic signs and signals, street lighting, conduit and vaults for underground wiring; (2) water distribution systems connected to the Town’s water distribution system including, without limitation, mains, booster stations, fire hydrant systems, valves and valve chambers, service connections, meters and meter chambers; Development Servicing Bylaw 1300 Page 4 (3) sewage collection systems connected to the Town’s sewage system including, without limitation, gravity mains, pressurized mains, lift stations, manholes, sewage holding facilities and service connections; (4) drainage systems including, without limitation, mains, catch basins, manholes, infiltration drywells, swales, ditches, gates, stormwater retention and detention facilities, outfalls and environmental control facilities; and (5) installations required by the Town and by public utilities for the underground distribution and delivery of electrical, telecommunications, cablevision and natural gas services. 7. Service Upgrades – If works and services of the type described in section 6 are already in existence on or in a highway, lane or right-of-way adjacent to a parcel being subdivided or on which a building is proposed to be constructed, and the works and services do not comply with the standards specified in section 9, the Developer must alter the works and services so that they comply with the standards, and all other provisions of this bylaw. All requirements for servicing agreements and Security as set out in this bylaw shall also apply for service upgrades. 8. Excess or Extended Services – Council delegates to the Director, the powers of Council under the Local Government Act to: (1) require a Developer to construct excess or extended services as defined in section 939 of the Act; (2) determine whether the cost to the Town to provide the excess or extended services would be excessive and, in that event, require the cost to be paid by the Developer; (3) determine the benefit of the excess or extended service that may be attributed to each of the parcels of land that will be served by the services; and (4) impose latecomer charges under section 939 of the Act including interest at the rate established by Latecomer Interest Charge Bylaw No. 734, 1993 or any successor bylaw. 9. Standards and Specifications – Works and services required by this bylaw must: (1) be designed in accordance with sound engineering principles; (2) where installed by a Developer, be designed by a professional engineer licensed to practice in the Province of British Columbia; (3) extend through or along the full frontage of a parcel being subdivided or built upon under a building permit, in order to facilitate service to parcels or buildings beyond; Development Servicing Bylaw 1300 Page 5 (4) meet the requirements set out in Schedule A through F of this bylaw, except to the extent that such standards may have been varied by development variance permit; and (5) comply with the Subdivision and Development Servicing Technical Standards, that may be prescribed by the Director from time to time. 10. Works and Services by the Town – The Director may require that some or all works and services required by this bylaw be installed by the Town or the Town’s contractors instead of by the Developer, in which case: (1) the cost of these works and services including design, materials, construction and Administration Fee must be paid for by the Developer; (2) payment for these works and services must be guaranteed by Security posted by the Developer; (3) the amount of Security required shall be 125% of the estimated cost to design, build and document the works and services to be built by the Town or its contractors, or a lesser amount as determined by the Director, plus 125% of the applicable Administration Fee; (4) Following completion of the works and services, any difference between the Security and the cost of the works and services including Administration Fee shall be refunded or invoiced to the Developer, as the case may be; 11. Works and Services by the Developer – Where works and services are designed by and constructed under supervision and coordination of an engineer engaged by the Developer (“Developer’s Engineer”), the following requirements shall apply: (1) All permits required from health authorities, road authorities and other jurisdictions outside the Town shall be applied and paid for by the Developer. (2) The Developer’s Engineer remains responsible for performing all testing required by the Town and by outside agencies. (3) The Developer’s Engineer shall, in a format satisfactory to the Director, submit to the Town the following items, and the Developer shall ensure that the Developer’s Engineer’s retainer requires their preparation and submission to the Director: (a) final design for approval prior to construction; (b) full cost estimate of all construction, design and documentation work; (c) a schedule for construction of the works; (d) all test results arising from or related to the construction; Development Servicing Bylaw 1300 Page 6 (e) a substantial completion certificate in a form set by the Director, documenting any outstanding deficiencies; (f) record drawings of all works installed, to be supplied in digital computer format as well as two hard copies at a suitable scale; (g) a service card for each parcel created by a subdivision or being developed unde a building permit, showing location, depth, size and type of service installed for the parcel; and (h) a final completion certificate. (4) The Developer shall not commence construction prior to: (a) receiving approval from the Director for of all designs and estimates related to the required works and services; (b) entering into a Servicing Agreement with the Town, in accordance with section 12; and (c) providing all payments and Security to the Town as required by the Servicing Agreement. (5) During and following construction, the Developer shall comply with all requirements of the Servicing Agreement. 12. Servicing Agreement – The Director may from time to time, prescribe the form of a Servicing Agreement to be used to secure completion and maintenance of works and services and execute such agreement on behalf of the Town. Where determined necessary by the Director, the Servicing Agreement shall be drafted and executed in a form that can be registered under section 219 of the Land Title Act against title to the land being subdivided or built upon. Servicing Agreements shall as a minimum, require the Developer: (1) to complete construction of works and services by a specific date (“Completion Date”); (2) to repair and make good all defects and deficiencies appearing in the works and services for a period of 12 months (“Maintenance Period”) following completion of construction; (3) to pay to the Town an Inspection Fee based on the engineer’s estimated value of construction; (4) to provide Security to the Town, which at any time shall not be less than the sum of the following amounts: Development Servicing Bylaw 1300 Page 7 (a) 10% of the value of works and services not yet constructed, to ensure performance and to pay for clean-up or restoration of any facilities of the Town damaged by the Developer’s forces or contractors during construction; (b) If subdivision is approved or a building permit is issued prior to completion of works and services, 125% of the value of works and services not yet constructed, to ensure completion; plus (c) 10% of the value of all completed municipal works and services to be used to ensure repair of any deficiencies that arise during the 12 months following completion of works and services. (5) to forfeit any Security required by the Town to complete the works and services if the works and services are not completed by the Developer prior to the Completion Date or to repair defects and deficiencies in the works and services if the repairs are not performed by the Developer during the Maintenance Period; (6) to pay to the Town the cost including Administration Fee, of completing all works and services that are not completed by the Developer before the Completion Date, if the cost to complete these works exceeds the value of the Security; (7) to pay to the Town the cost of all repairs and corrections including Administration Fee that become necessary during the Maintenance Period, if subsection (2) is not satisfied and if the cost to repair or correct deficiencies exceeds the value of the Security; (8) to carry third party liability insurance in an amount and form acceptable to the Director, in respect of claims arising out of death, personal injury or damage arising from the construction of the works and services for the duration of construction and Maintenance; and (9) to indemnify the Town and save it harmless in respect of all costs and expenses it may incur as a result of faulty workmanship or defective material in the works and services in respect of which the Town has provided notice to the Developer prior to the Town’s final acceptance of the works and services. 13. Latecomer Agreements – Where excess or extended services are required to be provided by the Developer under section 8, the Director may execute and deliver on behalf of the Town agreements with Developer regarding the collection and remittance of latecomer charges, which agreements may be combined with the Servicing Agreements referred to in section 12. 14. Deferred Construction of Works and Services – The Director may require a Developer to pay to the Town, in lieu of constructing or altering works and services required by this bylaw, cash in the amount determined by the Director to be the cost of designing and constructing or altering the works and services as of the time of approval of the subdivision or issuance of the building permit including any land acquisition costs, if the Director determines on the basis of sound civil engineering practice or cost considerations that the Development Servicing Bylaw 1300 Page 8 works should be constructed or altered at a later time or concurrently with the construction or alteration of works and services serving adjacent or nearby parcels of land, and in such cases the Town shall deposit the funds into a reserve fund established for the construction or alteration of these works and services. 15. Dedicated Highways and Rights of Way – The works and services required by this bylaw shall be provided in dedicated highways, unless the Director has approved the location of the works and services in a statutory right of way granted to the Town, in which case the statutory right of way, including any required plan of right of way, must be prepared at the cost of the Developer, in terms satisfactory to the Director and deposited concurrently with the deposit of the subdivision plan in the case of a subdivision application and prior to the issuance of the building permit in the case of a building permit application. Where an existing statutory right of way is of insufficient width or scope to accommodate the works and services, the Director may require the modification of the statutory right of way and this section also applies to the preparation and deposit of a modification agreement or revised plan of statutory right of way. 16. No Work Prior to Design Approval – No person shall commence construction of any works or services required or regulated by this bylaw, whether on private property or on public road, without first receiving final approval of all designs and written authorization to proceed from the Director. 17. Independent Review of Work – If construction commences on any works or services prior to design approval and authority to proceed being issued by the Town, the Developer shall pay the Town the cost of having the design and work conducted on such works and services inspected and tested by an independent engineer to confirm compliance with the Town’s service requirements. Such costs shall be in addition to Inspection Fees normally charged. 18. Right to Inspect – No person shall obstruct the Director or prevent the Director from inspecting any works or services required under this bylaw, whether such works and services are on private property or on public road. 19. Stop Work Order – The Director may issue a Stop Work Order related to works and services required or regulated by this bylaw if the Director has been refused access for inspection or if the Director believes that works and services are not being installed in accordance with a final design approved by the Director. No person shall continue to work on any works and services for which a stop work order has been issued by the Director or, being the owner of land on which such works or services are being constructed, permit any person to continue such work. 20. Offence – Every person who violates any provision of this bylaw commits an offence and is liable to a fine not exceeding $10,000. 21. Ongoing Offences – Each day’s continuation of an offence constitutes a new and distinct offence. Development Servicing Bylaw 1300 Page 9 Read a first, second and third time on the 11th day of February, 2014. Adopted on the 24th day of March, 2014. ______________________________ ______________________________ Mayor Corporate Officer ' Original Signed by Mayor '' Original Signed by Corporate Officer Development Servicing Bylaw 1300 Page 10 Schedule A – Service Level Areas 1. The Town is divided into two service level areas, “Service Level 1” and “Service Level 2”, as shown in Map A-1. 2. In Service Level 1: (1) All electric power and telecommunication utility extensions shall be provided underground; and (2) Roads shall be constructed with concrete curb and gutter, boulevard trees including irrigation systems and sidewalk. 3. In Service Level 2: (1) Electric power and telecommunication utility extensions may be provided underground or overhead on new utility poles; and (2) Roads may be constructed to include paved asphalt shoulders without curb and gutter, sidewalks and boulevard trees. Development Servicing Bylaw 1300 Page 12 Schedule B – Roadways and Walkways 1. Existing roads are classified into different categories as illustrated on Map B-1. 2. Map B-2 shows existing and proposed trail and sidewalk corridors in the Town of Oliver. 3. Prior to design of roads, the Director shall classify each new road proposed within the development and stipulate the required standards in accordance with Map B-1. 4. Applicable design standards and sidewalk requirements for each road and trail classification are presented in Table B-1. 5. Notwithstanding the standards provided in Table B-1, the Director: (1) may require an independent Traffic Impact Study to determine the requirements for turning lanes or traffic control signalization and require a Developer to construct works recommended in any such Study; (2) in recognition of ambient conditions, may require variance from these standards in existing developed areas and neighbourhoods, where provisions to accommodate the required roadway standards may not have been anticipated; and (3) may require or allow variances to right-of-way and surface standards for unique situations such as access roads or steep hillside roads. Town of Oliver Development Servicing Bylaw 1300 Map B-2 Trails and Sidewalk Corridors U 300 Sidewalks - — — — — - Pedestrian/ Cycling Shared Trail Pedestrian Trail Primitive Trail 600 Meters Development Servicing Bylaw 1300 Page 15 Table B-1 Roadway Classification and Design Standards Road Classification Right-of- way Width (m) Asphalt Surface Width (m) Curb Type Sidewalks (m) Local Residential (low traffic volume) 18.0 8.5 Mountable concrete 1.5 one side * Local Residential 18.0 10.0 Mountable concrete 1.5 one side Minor Collector, or Local Commercial 20.0 12.0 Barrier (standard) concrete 1.5 one side Arterial Road and Major Collector 22.0 14.0 Barrier (standard) concrete Minimum 1.5 both sides, wider sidewalks may be required by Director Industrial Road 20.0 8.0 Drainage ditches Paved shoulder* Rural Road 20.0 7.5** Asphalt curb and ditches as required Paved shoulder* Primitive Trail 4.0 n/a n/a 1.0 gravel Pedestrian Trail 4.0 n/a n/a 1.5 concrete or asphalt Pedestrian/ Cycling Shared Trail 6.0 n/a n/a 3.0 concrete or asphalt * at the discretion of the Director ** vehicle traffic only, may also be widened for paved sidewalk surface Development Servicing Bylaw 1300 Page 16 Schedule C –Water Systems 1. Water distribution mains shall be sized to carry the peak hourly flow rate or the maximum daily flow rate plus the fire flow rate, whichever is the greater. Mains shall be sized to operate at or below the following maximum flow velocities: (1) Peak hourly demand rate of 2.0 m per second; (2) Fire flow plus the maximum day demand of 3.0 m per second. 2. For residential areas, the daily domestic demand criteria for purposes of designing water distribution systems shall be: (1) Fire flows concurrent with maximum day water demands with a residual system pressure of 140 kPa (20.3 psi). (2) Peak hour water demands at a pressure appropriate for the intended land use. For residential land uses the minimum service pressure shall be 300 kPa (43.5 psi) measured at the highest proposed floor elevation. 3. The minimum required fire flows for different land uses is provided in Table C-1. All fire flows are to be available to the furthest distance within the site from the service location and/ or at the point of highest elevation. Table C-1 Minimum Fire Flow Requirements Developments (without sprinklers) Minimum Fire Flow Single Family/Mixed Residential 60 L/s Medium Density Residential/Light Industrial and Service Commercial 90 L/s Core Area Commercial, Institutional and High Density Residential 150 L/s Industrial 200 L/s 4. The amount and duration of design fire flows throughout the development proposed to be provided shall be submitted to the Director for approval prior to final design of the water distribution system. 5. Where the proposed development is connected to a portion of the Town’s water distribution system that provides fire flows lower than listed in Table C-1, approval of the Director is required for the following two options: (1) The development will be required to either upgrade the water supply system sufficiently to provide the water flow; or (2) The development will be required to reduce the fire protection requirements of the proposed development to match the level of protection provided by the Town’s distribution system. Development Servicing Bylaw 1300 Page 17 Schedule D – Sanitary Sewers 1. Where connection to the Town’s sanitary sewer system is required, sanitary sewer works including, but not limited to, gravity sewer mains, pump stations and force mains, odour control equipment, manholes, service connections and all related appurtenances shall be provided. 2. Where a lot is approved to be subdivided or developed with an individual onsite sewage disposal system, it shall be designed and constructed in accordance with Sewerage System Regulation of the Province of British Columbia. The Director may require a preliminary design showing how the development may in the future be connected to the Town’s sanitary sewer system. 3. Sanitary sewers shall be designed: (1) to convey the calculated peak flow for the proposed development and upstream catchment area including allowances for inflow and infiltration; (2) to operate at a minimum flow velocity of 0.6 m/s; and (3) to flow not more than 75% full at the design peak flow including infiltration and inflow allowances. Development Servicing Bylaw 1300 Page 18 Schedule E – Stormwater Management Systems 1. Stormwater management infrastructure shall be planned and designed consistent with policies and methodologies as contained in: (1) “Stormwater Planning: A Guidebook for British Columbia”, (2002); (2) “Beyond the Guidebook: Context for Rainwater Management and Green Infrastructure in British Columbia” (2007); and, (3) “Beyond the Guidebook 2010: Implementing a New Culture for Urban Watershed Protection and Restoration in British Columbia”, (2010). 2. Guiding principles to the Town’s design approaches to stormwater management are: (1) Stormwater is a resource; (2) Design should consider the full spectrum of rainfall events as described in “Stormwater Planning: A Guidebook for British Columbia”, (2002); (3) To collect, store and infiltrate stormwater resulting from a rainfall event having a return frequency of up to 10 years for all land use categories including medium and high density residential, commercial, industrial and institutional; and (4) Conventional stormwater infrastructure comprising piped systems should be designed to minimize risks of property damage by runoff from an extreme rainfall event. 3. Where site soil conditions constrain onsite management of stormwater and for rainfall events having a return frequency greater than 5 years for single family residential and greater than 10 years for all other land uses, a combination of piped systems and overland flood routes sized for the anticipated runoff from a rainfall event having a return frequency of 100 years is to be provided. Development Servicing Bylaw 1300 Page 19 Schedule F – Lighting 1. Where a development requires underground electrical distribution, street lighting systems shall be installed to provide levels of illumination and uniformity as set out in the Subdivision and Development Servicing Technical Standards prescribed by the Director. 2. Where street lighting is permitted to be installed on utility poles owned by public utilities, carrying overhead electrical distribution, the Director may prescribe different standards that in developments serviced underground. 3. The British Columbia Electrical Code, the most recent edition, and standards of FortisBC, the electrical utility, shall be applicable to the design and construction of the street lighting system.